The Bakersfield Californian from Bakersfield, California on December 22, 1908 · Page 10
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December 22, 1908

The Bakersfield Californian from Bakersfield, California · Page 10

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Bakersfield, California
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Tuesday, December 22, 1908
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Page 10
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B«B«Mt!»'-s i »»«^»i»»»M«»J»SB;J H ^»^fiS:i| THE BAKEROTIBLD OAUFO1 IAN ——— TUESDAY, DECEMBER 22, 1908. LEGAL. ORDINANCEllO. 93. An ordinance imposing a license for the business of handling, selling or giving away spirituous, malt or for- poration, club, or association desiring a license to engage lu, transact, or carry on, the business of handling, selling or giving away, any spirituous, malt, or fermented liquors or wines, shall present to the Board of Supervisors of the County of Kern, at a mentrd liquors or wines, flxim? the I regular meetiiiK' of said board, a peti- amount thereof, imposing conditions' tlon praying for the Issuance of said and miiklnp regulations therefor, pro-1 license, gam petition shall be signed vlrlliiff for the revocation of such 11-, by n majority of the resident lessees, cense, prescribing the method of pro-1 and resident 'owners of property with- cedure and fixing the punishment for i m n radius oi live hundred feet of the "" place In the i'<wn In which It Is proposed to conduct the said business, ort> <>t tin- County of Kern, do ordain and mugt a ,. ( ..muany said petition by a plat showing the location of the lit' business; nnd when corporation, club, a license under the violation of said conditions and regulation*. The Hoard of Supervis- linn. association <i< town; the pel i! the place wh< i conduted, and than two-thinl. sees and r«Kiil tfitc situated as follows: Section 1. It shall li>- unlawful for proposed pht any person, firm, or < o: puratlon, club any person, or association, or member or members of such i iub or ass-oi .ation, whether the provision as principal, clerk, M-rvant, agent or conduct such emp'oyi-f, to engage in transacting, concluding, or currying on the busl- aesrf oi handling, giving a way or pell- Ins spirituous, malt or termeuted liquors' or wines In any quantity or quantities, In said County of Kern, outside of municipal corporations, without first having procured a H tense so to do as In this ordinance provided; and any person, v firm, corporation, club, or association, or mem. her or members of guch club or association who violate any of the provisions of this ordinance, shal'. be deemed guilty of a misdemeanor and punished as hereinafter provided. Section 2. Every person, firm, corporation, club or association, or member or members of such club or association who engages In, transacts or carries on in the County of Kern, State of California, outside of municipal corporations, the business of handling, giving away, furnishing or gelling any spirituous , malt or fermented liquors or wines In any quantity or quantities, must first obtain a license therefor from the Tax Collector of said county as hereinafter provided and make therefor the following payments: For each and every year Three Hundred ($300.00) Dollars; and, pro vlded further that no license shall be this ordinance to slness outside of any '>u therefor must show said business Is to be n> signed by not less of the resident les•tit owners of real es- ithln a radius of three cense, or if guch petitioner haa been convicted under this ordinance, or has violated any of the provisions of this ordinance, or If such petition Is not made in good faith, or if the proposed IITI _ u>> a „,,„„„ „„,.„ „, place for conducting the said business i limits of any incorporated city or 1 he = has'vlolated""any" v of"the conditions firm, corporation, clubT or association^ Is not a fit 01 prcper place, or if I town having the power to impose or' ot tn | B bon(1 an ^ o j tn i s ordinance with the violation of any of the pro- there Is any other sufficient reason Me-, y any city or town license tax, un-| (he boar(| 8hall at once rovo j{ e n | g 11- visions of this ordinance, or any of located In said county. No license Issued under this ordinance shall authorize any person, firm, corporation, club or association license issued thereunder. i the .offense charged In the said con*If at any time it shall appear to the Pl»»t. satisfaction of the Board of Supervls- • Section 17, Upon the filing of the ors, after having given the principal complaint herein above mentioned, • - ,.«, .. i "• »» eumi unviuR Bt'cu. t,**^ 411 »***-*F*" ~**-"f -—-.. . — —— ' to carry on such business within the flve dayg wr )tten notice by mall, that duly verified,- charging any person, for such refusal, whether shown by (!'.-•= In addition thereto, a license re- such protest nn file, location of bttsi-I'criired by said city or town be also cense and declare the bond forfeited, the conditions of the undertaking, ness or otherwise. The Board ot Bu-'tir.-t procured, perviors may of their own motion, or for gooil shown by a petitioner or protesting postpone the hearing of ' any petition. , < Section >> Any person, firm, cor- ," poratlon, club or association, having ! :i been or.< e refused a license, or having ; failed to posecute his petition there- j" for, by reason of protests being filed, ; ' shall not be granted a license upon a >-' second petition made wlthia six ' months a"cr the first petition; and " no person shall bo granted a license ; upon any petition after having been " twice retitned by reason of such pro- : ' tests; provided further that any peti-| i; tloner for a license may be examined " under oath, and any competent evl- " dence may be produced as to who Is '' the ronl parly In Interest, and it the " Board of Supervisors Is satisfied that '' the petition Is not in'the Interest of si the party In whose name the petition Section !». It shall be the • Tax Collector to collect all II :i.sys Issued under this n! to perform such other duties as by this ordinance prescribed. Section 10. All licenses Issred Section 12. No person shall vend, herein, as required, It IB hereby made hawk, peddlo, sell, give or furnish the duty of the clerk of the Board of diitv of spirituous, vinous, malt or mixed Supervisors, and he is hereby express- liquors or an Intoxicating drink to ly authorized to issue a notice reclt- ordinance others within the County of Kern, ex- ing the substance of said complaint ' cept at a fixed place of business duly and commanding the person, firm, authorized. corporation, club, or association corn- Section 13. Nothing in this ordi- P'alned of, to appear before the miles of the place where such business Is propose,! to be conducted; and said petition must be accompanied by a plat showing the respective locations or plains of residence of the persons whose names are signed to „ „„ „ — „„„„„., said petition; any person, firm, cor-|j B ma de, they muay refuse to grant' poratlon, club or asoclatlon, desiring i the license and if found to be in the' lu llis own henalf. to procure a license as aforesaid, shall deposit with the Clerk of tha Board of Supervisors of the said County of Kern, at the time of presenting the aforesaid petition, the sum of Three Hundred Dollars, United States Gold Coin, to be applied to the payment of said license for the first year, if said license Is granted, and If said license be not granted, the said sum of Three Hundred Dollars shall be returned by the clerk to the petitioner; and provided further, that no license shall be Issued to any person, firm, corporation, club, or association, under the provisions of this ordinance for a period of less than one year. Section 5. Every such petition shall be filed "'Ith the Clerk of the Interest of one who has alreatjy been j On the revocation of a license no refused a license, they may treat the i part of the money paid to the county •ction 10 All i censes i.srod •"£""„"„,;,„ e f£ ",,"5 "' "£ „_?'"•; Board of Supervisors on a day to be -r ihe provisions of this ordinance "™* c *° ™ ''"thorize the sale or fur stated therein, at their next regular ....: contain provisions, and shall be «**m*A « RlvlM of IntoxlcattaB ^eting after the filing of such com- anted upon condition that same may nlehlng. «r givlng of In^»|catlng * witnesses that he r-viked or recalled at the pleasure ''quoin to minors, Indiana, habitual » • * . :he Board of Supervisors; and drunkards, or to any person or clnsa ™* desire, to show cause, « any n« i I, board shall revoke any license <* Persons to whom such sale or fur- |!"* k ™ y BVlcl1 11CenBe 8n ° UItl DOC °* !,.n ,t is shown to their satisfaction nlshlnR is prohibited by law. T6 !, O . Ked ' . . .. „ .„ , „ the holder O t t.»,.> license is keep- \ Section 14. Upon the trial of any . T .^ e rules ° f . evidence In civil cases L a disorderly place, or. Is violating riYtion authorized by this ordinance, 8 {> an govern the examination of such • of the provisions of this ordl- the defendant is deemed not to have charge. ,r;ri. or of the state law, or thnt the procured the proper license, unless Section 18. Any party holding a II-: interests of the county will be he either produce it, or prove that he e&nse under the provisions of this or- ivi'.l by revoking said license, procured it. dlnance, who desires to continue such .!•. ided, however, that no license | Section 15. Every person who en- busiriess heyond the time specified In all be revoked without giving the gages in, transacts, or carries on the 8uch J ' ccnse ' must Proceed , in tha hler thereof an opportunity to ap- business of handling, giving away, or ?£ m S rom , nrid manner required for ,11 before the Board of Supervisors selling spirituous, malt or fermented „___" ,, pe _ . ' _" ?f _ r . t0 . _..2 liquors or wines, without first obtain 1 Ing a license petition as If made by the real party in interest, and the have the same effect petition shall against any. fu- petitioner or petitioners shall eturned, but such money so paid, and the whole thereof shall be forfeit ture petition, as if it had been made | e<i to the county, When a license of in the name of the real party in in- |any person, firm, corporation, club or terest. Section 7. ...... . . away, or furnish vinous, malt, mixed, (Canted to the same person, firm, cor- or spirituous liquors under this ordi-''" nillon - cluD - or association, within ! association Is revoked for any cause, No license to sell, give i "" nt>w or other license shall be nance shall be Issued until ordered *'* by the Board o f Supervisors; notice of ! \' months from the date of such .'ttion. re- which shall be given to the Tax Col- Section II. No license shall be lector by the Cleric of the Board of ; in-anted under this ordinance until Supervisors; and provided further i ih> petitioner shall have executed a that no license shall be Issued hy the'joint and several bond to the County Tax Collector to any person, firm, cor. i<f Kern, with two or more sufficient Issued year. Section 3 for a less period than one I Hoard of Supervisors at least ten days | I0r swh license shall have I prior to the first Monday of _ the' HUC f, T«X Collector any and No license ^hnll be i.s- month, upon which day such petition to any person, firm, corporation, shall he heard by the Board of Su- club, or association, to transact, or carry on the engage In, [ pervlsors, and the clerk of said board noratiui:. club, or association, until the party or parties making petition paid to all sums that may be due to the County of in the penal sum of Five Thousand Dollars, and such bond Chilli have been approved by, and ti!"'i with the Board of Supervisors, Kern from such petitioner, or petitioners, or either, or any of them, on ac- v hu-h bond shall be for the term of nil' 1 year, and shall be conditioned OKI! ihe principal in such bond dur- buslness of: shall give notice of the filing of saldj (01lnl of any business heretofore . hm the time he shall continue In the handling, giving away, furnishing or, petition by causing notice thereof to , transacted by such petitioner or peti-: I.IMHCSS specified not exceeding the -" '" —•" "- "•-—•••'-' '••• posted at least flve days before • n ouerS| O r either, or any of them, and ( « nu of the bond, will pay all license Bellini; spirituous, malt, or fermented liquors or wines in said Kern County outslile of municipal Corporations, In any place or places where any furco, comedy, tragedy, ballet, opera, play, BjM'iikiiiC, do'-lamaticii), singing, or pciKor,:!);:' 1 , is Si'jnu '-liven, or v.'li'Te any exhibition of dancing, acrobntu- foals, i ontortions or tin- like is being given, or in any building or buildings, enf'lusure. or enclosures, where female,-; are employed for the purpose of soliciting for the sale of, or of, giving away the same, or where females are employer) for the amusement, or entertainment of the public, In said hearing as follows: If such business is proposed to be conducted In an unincorporated town, I said notice shall be posted in throe •of !!)'„• most public places in such ( town; I If the proposed place of business j is In the country, one notice at the ' place u-lierr- such business is propos- led to be conducted, and also In two i of the most public places within a radius of three miles thereof; said notice shall state the name of the petitioner, the place where the business is proposed to be conducted, and thp or where females solicit for the sale, jiimc and place when said petition or give away the game without being v employed so'to do, and where females entertain, or aAuse the public in any manner, or in any room, building, or buildings, enclosure, or enclosures, or place whatsoever, where music is being played or rendered, or dancing Is going on, or any dancing Is being conducted. Section 4. Every person, firm, cor- tor which said business license has not been paid; and It is hereby made the duty of said Tax Collector to as- lax thnt may now, or hereafter be im- piv ; -eii ou such business by this ordinance, or any ordinance of the Board second license; and in case a party to do 'as in this or- hoWlng a license under this ordinance or who violates any ""gleets to obtain a new license to • . or . wno violates any „„„,„,„„„„ of , ho expiration other provision of this ordinance, or commence at the of the anTof thecTnditions of *eunderta£ <?™L?P*. «J*Si^^S*SS.£« ing herein required shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding Five Hundred Dollars, . . ., , nor less than Fifty Dollars, or by im- c tTh,±« UC ?h«iW ^«*5 «i»5 prlsonment In the County Jail not ex- « uch *","£"" **" *S »n- ,£M,,T ceeding six months, or by both such ^ * .^!^^?' «* U JS ~» v ? * ef , ^plratlo n and fine and imprisonment. The Judgment that the defendant pay the fine, lion thereof shall be punished as in this ordlnane provided. may also direct that he be imprisoned i Section *19. Every person, firm, until the fine be satisfied, specifying corporation, club or association, or the extent of the Imprisonment, a °y member of members thereof en- whlch must not exceed one day for 8 a g e d In any business In the County every two dollars fine (provided such of Kcrn ' outside of Incorporated clt- imprisonment must not exceed one les . wl) o in connection with such bus- hundred and fifty days;) I Iness sells, handles or gives away any ' IIlUJtTU «U(1 IJltj QflJ 8 *J I "***•'"'-• ***••••«» ««,«*,.v-« «. n .. uw u '• »rf ~-~j A«I in ™ •*• *>to+ rt «,, ^« »^ i- wines, fermented or distilled liquors nnd guiltv oi%?y vlola y tloS o?thS or malt !1<lllor8 ln any quantlty ^ hat ' Una gUlliy OI any Violation or me _„„„,„. O v, n il ho rannlrc^ tn rnnfnrm found provisions of this ordinance by a conviction of an offense committed after the previous conviction under this ordinance, he shall be imprisoned for a period of not less than one, nor more than six months without the alternative of paying a fine as the pen- .by both fine and Imprisonment. certain whether or not said petitioner \ of Snporvlsors, and that he will con- ;such fines, when collected, shall or petitioners, or either, or any of them, are so Indebted to the County of Kern, before issuing such nnd the said Tax Collector port the same to the Board of Supervisors. All be a will be heard. Tin: Hoard of thereupon proceed soever, shall be required to conform to all the rules as to petitions, bonds nnd notices as In this ordinance required of persons who en- Rase, in the business of selling at retail alone, and shall pay the Fame license, and for the same length ot alty therefor; or he may be punched ft »« » ^ecSonTa^ be*"* mindfimeanor, paid into the County Treasury of the ^^ ^flft^ 0 ^ dlnanco are hereby repealed. This ordinance shall take effect and ,,...,. ., , - -be In force from and after the 4th dny laws of the state, and to any ordl-j under the provisions of this ordl- of January, 1909. nance of the Board of Supervisors ; nance may, at any regular meeting of. ' HA JASTRO Section 8. A license must be pro-, nuw existing, or hereafter adopted for j the Board of Supervisors be revoked' Chairn an O f the Board of Supervisors cured immediately before the contin- the lawful regulation of such business,; nnd cancelled, provided that a com ' - - -- ~ - - •'•nation hereunder, or commencement or place of business, of any business or occupation liable ! to such license, as in this ordinance! If at any time in the judgment of' same shall have first been filed with provided, from the Tax Collector of i the. Board of Supervisors, the sure- ( the clerk of such board, setting forth said county; which license shall au- ! ties on such bond, or either of such nnd spfccifylnc; wherein such ordl-! license; shall re- ilm-t such business and the place in, or at which the same may be carried said County of Kern for the use of in n quiet, orderly and reputable i the general fund of said county. and In conformity to the | Section 16. Any license granted j complaint in writing duly verified, i by person or persons making the Supervisors shall thorlze the person, firm, corporation, i sureties become Insufficient, the to hear any testimony offered, either in support of, or against said petition for license, and shall refuse to allow ft license to Issue thereunder, if It shall appear to | scribed in said license, the satisfaction of the board, that the! A separate license must be obtain- petitioner for Uio license Is not n | ed for each branch establishment, or proper person to have 'or hold such II- separate house, or place of business club, or association, petitioning the 1 board may require the principal to same in such town or particular lo- | execute a new bond with sufficient ciillty In the county, to engage In, transact, or carry on the business de- sureties in like form and amount as the first bond; and if he fails so nance, or any of Its provision's, or any of the conditions of the undertak- have been County of Kern, State of California. Attest: I. L. MILLER, Clerk of the Board of Supervisors. (Seal.) The above ordinance was passed by the Board of Supervisors ot the Coun- ing herein provided for violated, if after a full examination of the witnesses produced at such to do within ten days after receiving hearing, the Board of Supervisors or written notice of such requirement a majority thereof, shall be satisfied stating the reason therefor, the board that the person, firm, corporation, rnny cancel the bond and revoke the club or asoclatlon has been guilty of ty of Kern, at a regular meeting thereof, held December 16th, 1908, by the following vote: Ayes: Petersen, Brlte, Woody, Corsett, Jastro. Noes: None, Attest: I. U MILLER, Clerk of the Board of Supervisors. (Seal.) 12-19 Chairs, Rockers, Pianos V. Owing to the Late Arrival of Our Holiday Goods we will Allow a 25 Per Cent Discount A Solid Oak Morris Chair and Up A Specially Good ^Bargain in this line as tye do not intend to cany any Chairs ol>er for Next year ROCKERS Solid Oak Rockers $3.00 and Up Reed RocKers $425 and Up ^ Child's Cockers 35c and up cMisses Cockers $150 and up PIANOS The Kimball Knabe Mason-Hamblin Hardmari Ha dman Autotune Kipling Ludwig Mer. Player Marshall Wendell, Etc. Pianos from $235 Up VICTOR GOODS A splendid full line onhand. 60c Records now 35 cts. elde Furniture Company

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